49–010 

Calendar No. 239 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–147 

BENJAMIN FRANKLIN NATIONAL MEMORIAL 

COMMEMORATION ACT OF 2005 

OCTOBER 19, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 652] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 652) to provide financial assistance for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, Pennsylvania, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of S. 652 is to authorize the Secretary of the Interior 

to provide financial assistance to the Franklin Institute for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, Pennsylvania, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin. 

BACKGROUND AND NEED

The Franklin Institute is a non-profit corporation established in 

memory of Benjamin Franklin in Philadelphia, Pennsylvania in 

1824. The Institute operates a Science Museum, whose mission is 

to stimulate interest in and promote public understanding of 

science. 

The Memorial Hall of the Franklin Institute Science Museum 

serves as the Nation’s primary location honoring Benjamin Franklin’s life, legacy and ideals. The Benjamin Franklin National Memorial (Memorial) is an affiliated area of the National Park System 

that is owned and administered by the Franklin Institute. The MeVerDate Aug 31 2005 21:41 Oct 20, 2005 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR147.XXX SR147
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morial includes a colossal seated marble statue of Franklin carved 

by sculptor James Earle Fraser, which stands in the rotunda of the 

Franklin Institute’s Science Museum. The statue and surrounding 

Memorial Hall were designated as the Benjamin Franklin National 

Memorial on October 25, 1972 (Public Law 92–551). Public Law 

92–551 contained no provision for the appropriation of funds to be 

used for acquisition, development, operation, or maintenance of the 

Memorial. The House committee report (H. Rprt. 92–1592) anticipated that the Franklin Institute would continue to operate and 

maintain the Memorial at no cost to the government. 

The National Park Service entered into a Memorandum of Agreement (MOA) with the Franklin Institute on November 6, 1973. The 

MOA outlines the major responsibilities of each party regarding the 

operation of the Memorial. The Franklin Institute agreed to preserve the memorial in perpetuity, to make no substantial alterations or repairs without the Secretary of the Interior’s approval, 

and to admit the public, free of charge, to the Memorial. In turn, 

the Secretary agreed to include the Memorial in publications, to 

make appropriate references to it in the interpretive and information programs of Independence National Historical Park, and to cooperate with the Institute in its maintenance and promotion of the 

Memorial. 

In 2000, the Institute received approximately $300,000 from the 

Department of the Interior in the form of a ‘‘Save America’s Treasures’’ grant. Since 1973, this is the only funding provided to the Institute by the Department. The task of preserving and maintaining 

the Memorial has proven to be a costly endeavor for the Franklin 

Institute. 

S. 652 would authorize up to $10 million in Federal funds to provide needed rehabilitation and to enhance the experience at the 

Memorial by adding exhibition space for the proper display of 

Franklin artifacts. The Institute hopes to renovate the Memorial 

prior to the celebration of the 300th anniversary of Franklin’s birth 

in 2006. 

LEGISLATIVE HISTORY

S. 652 was introduced by Senators Specter and Santorum on 

March 17, 2005. The Subcommittee on National Parks held a hearing on the bill on July 28, 2005. Similar legislation, S. 1852, was 

introduced by Senators Specter and Santorum in the 108th Congress. At its business meeting on September 28, 2005, the Committee on Energy and Natural Resources ordered S. 652 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by a voice vote of a quorum 

present, recommends that the Senate pass S. 652 as described 

herein. A nay vote was registered by Senator Thomas. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the Act, ‘‘The Benjamin Franklin National Memorial Commemoration Act of 2005.’’

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Section 2 authorizes the Secretary of the Interior to provide a 

grant to the Franklin Institute to rehabilitate the Benjamin Franklin Memorial and to develop an interpretive exhibit relating to Benjamin Franklin. 

Section 3 (a) authorizes the appropriation of up to $10,000,000 to 

carry out this Act. 

Subsection (b) requires that all amounts provided under this Act 

by the Secretary be matched equally by the Franklin Institute. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 652—Benjamin Franklin National Memorial Commemoration 

Act of 2005 

S. 652 would authorize the appropriation of $10 million to rehabilitate the Benjamin Franklin National Memorial in Philadelphia, 

Pennsylvania, and to develop interpretive exhibits at the adjacent 

museum. Assuming appropriation of this amount, CBO estimates 

that the National Park Service would pay the Franklin Institute 

grants totaling $10 million over the next five years. Enacting the 

legislation would not affect direct spending or revenues. 

S. 652 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 652. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 652, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 652 were included in testimony received by the Committee at a hearing on the bill on July 

28, 2005 as follows: 

STATEMENT OF STEPHEN P. MARTIN, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 652, a bill to provide financial 

assistance for the rehabilitation of the Benjamin Franklin 

National Memorial in Philadelphia, Pennsylvania, and the 

development of an exhibit to commemorate the 300th anniVerDate Aug 31 2005 21:41 Oct 20, 2005 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR147.XXX SR147
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versary of the birth of Benjamin Franklin. The Department does not support this bill. 

This bill would authorize financial assistance in the form 

of a grant to the Franklin Institute to rehabilitate the Benjamin Franklin National Memorial, and to develop an interpretive exhibit relating to Benjamin Franklin to be displayed at a museum adjacent to the memorial. An amount 

not to exceed $10,000,000 would be authorized to be appropriated for these purposes, with the Franklin Institute required to provide matching funds. 

For many years, the Department has opposed legislation 

authorizing appropriations for non-National Park Service 

construction projects. Many of these projects, like the rehabilitation of the Ben Franklin National Memorial, represent an important contribution to the preservation of our 

Nation’s history. However, each time such legislation is enacted and appropriations follow, it further reduces a limited amount of discretionary funds available to address the 

priority needs of our national parks and other programs 

administered by the National Park Service. With the emphasis we have placed on the President’s initiative to reduce the deferred maintenance backlog, it has become 

more important than ever to avoid authorizing funding for 

non-National Park Service projects that would likely draw 

funds from the National Park Service’s budget. We are 

committed to supporting initiatives to commemorate the 

300th anniversary of Benjamin Franklin and the interpretation of his legacy, especially at Franklin Court, a unit of 

Independence National Historical Park in Philadelphia, 

but given the current demands on National Park Service 

funds, we cannot support this legislation. 

The Benjamin Franklin National Memorial is an affiliated area of the National Park System that is owned and 

administered by the Franklin Institute. The Memorial includes a colossal seated marble statue of Franklin carved 

by sculptor James Earle Fraser, which stands in the Rotunda of the Franklin Institute’s main building at 20th 

Street and the Benjamin Franklin Parkway in Philadelphia. The statue and surrounding Memorial Hall was designated as the Benjamin Franklin National Memorial on 

October 25, 1972 (P.L. 92–551) and made no provision for 

appropriated funds to be used for acquisition, development, 

operation or maintenance of this Memorial. The House 

committee report on P.L. 92–551 anticipated that the 

Franklin Institute would continue to operate and maintain 

the Memorial at no cost to the government. 

A Memorandum of Agreement (MOA) entered into on 

November 6, 1973, falls under the administrative authority of Independence National Historical Park. The MOA 

outlines the major responsibilities of each party regarding 

the operations of the national memorial. The Franklin Institute agreed to preserve the memorial in perpetuity, that 

no substantial alterations or repairs be taken without Secretarial approval, that the public shall be admitted without charge to the memorial, and that there will be equal 

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employment opportunities. In turn, the Secretary agreed to 

include the memorial in publications, to make appropriate 

references to it in the interpretive and information programs of Independence National Historical Park, and to 

cooperate with the Institute in all appropriate and mutually agreeable ways on behalf of the memorial. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks, and I will be 

happy to answer any questions you or other committee 

members might have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 652, as ordered reported. 

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